Dhiraj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8897 of 2016 Arising Out of PS.Case No. -450 Year- 2013 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Dhiraj Kumar Rai, son of Guru Rai, Resident of Industrial Area, Arjunpur, P.S.- ......................, District- Buxar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sucheta Yadav(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Aurangabad Town P.S. Case No. 450/13 for offences alleged under Sections 409 of the Indian Penal Code and under Section 25(1-b) a of the Arms Act.

The prosecution case, as lodged by the informant, is that petitioner was deputed Bodyguard of the then Principal Judge, Family Court, Aurangabad and allotted one pistol of 9mm and since 13.03.2010 he became absent from his duties and did not deposit his pistol and bullet allotted to him for duty purpose for which Departmental Proceeding No. 10/12 has also been initiated. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.8897 of 2016 (3) dt.12-05-2016 2/3 the petitioner that he is innocent having not committed any offence and he does not have any criminal history, as is evident from paragraph 3 of this application. He further submits that the petitioner not being in present state of mind went to Ranchi and had a psychiatric treatment between 15.03.2010 to 27.10.2013 and on 27.10.2013 he was declared fit by the doctor and as soon as he became fit he deposited the fire-arm before the armory on 31.10.2013, which is evident from Annexure-3 to this application. He further submits that no overt act has been committed and already a departmental proceeding has been initiated against him bearing Aurangabad District Order No. 562/10.

However, learned APP for the State submits that the petitioner is named in the First Information Report and although he has deposited the fire-arms on 31.10.2013 but had absconded, hence, opposes the prayer for bail. Be that as it may, since the fire-arm has already been deposited and petitioner is facing the departmental proceeding, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.8897 of 2016 (3) dt.12-05-2016 3/3 Aurangabad, in connection with Aurangabad Town P.S. Case No. 450/13, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T